KL ECO CITY SDN BHD (No. Syarikat: 1855140-X) KHONG SHAD FOON (No. K/P: 711104-08-5530)

KL ECO CITY SDN BHD (No. Syarikat: 1855140-X) KHONG SHAD FOON (No. K/P: 711104-08-5530)

The High Court allowed the appellant's appeal, holding that the statutory Schedule H SPA governs and the completion/delivery period runs from the SPA date (18.4.2013); therefore LAD does not accrue from the booking fee date and there was no proven developer delay — Magistrate's decision was set aside and costs...

Source-derived case information.

Citation
WA-11ANCVC-117-07/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: KL Eco City Sdn Bhd; Respondent/plaintiff: Khong Shad Foon
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 January 2020
Case Number
WA-11ANCVC-117-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Housing Developer Purchaser Dispute / Appeal From Magistrate Court Judgment
Outcome
Appeal allowed; Magistrate Court judgment set aside
Legal Topics
Liquidated Ascertained Damages, Interpretation of Statutory Sale and Purchase Agreement (schedule H), Delivery of Vacant Possession, Completion Date, Booking Fee Dispute
Contract Law Housing Law Statutory Contract Construction Law Civil Procedure Liquidated Ascertained Damages Interpretation of Statutory Sale and Purchase Agreement (schedule H) Delivery of Vacant Possession +2 more

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Summary, issues, holding and outcome

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Parties

KL Eco City Sdn Bhd

Appellant/defendant

Khong Shad Foon

Respondent/plaintiff

Procedural Posture

Civil Housing Developer Purchaser Dispute / Appeal From Magistrate Court Judgment

Legal Issues

  1. 1 Whether LAD accrues from date of booking fee payment or from date of the statutory SPA (Schedule H)
  2. 2 Whether the booking form/receipt can override mandatory provisions of Schedule H
  3. 3 Whether defendant was in delay in delivering vacant possession and completing common facilities

Ratio Decidendi

The High Court allowed the appellant's appeal, holding that the statutory Schedule H SPA governs and the completion/delivery period runs from the SPA date (18.4.2013); therefore LAD does not accrue from the booking fee date and there was no proven developer delay — Magistrate's decision was set aside and costs awarded to the appellant.

Court Disposition

Appeal allowed; Magistrate Court judgment set aside

Orders

  • Appeal allowed
  • Magistrate court decision set aside